MK party to square off in court against Ramaphosa and Mchunu

Mail & Guardian

28-07-2025

In the dog box: Police Minister Senzo Mchunu, who comes from KwaZulu-Natal, has been put on 'special leave' by President Cyril Ramaphosa. Photo: Delwyn Verasamy
The
At the centre of the case are questions about the limits of presidential power, the legality of acting appointments and whether Ramaphosa acted rationally when he established a judicial commission of inquiry into serious allegations of criminal infiltration of law enforcement agencies.
Ramaphosa suspended Mchunu after serious allegations by KwaZulu-Natal police commissioner Nhlanhla Mkhwanazi that he colluded with a criminal syndicate, accepted illicit payments, interfered in investigations and disbanded a specialised task force into political killings.
Through its deputy president, John Hlophe, the MK party argues in court papers that Ramaphosa acted outside the bounds of the Constitution when he suspended Mchunu and installed Cachalia, who is not a cabinet minister, to act in his place.
'The president has no constitutional authority to place a minister on leave,' Hlophe argued, describing the measure as 'a fancy phrase for suspension with pay'. He insisted that ministers are political appointees, not employees, and therefore not subject to labour law.
In a supporting affidavit, Zuma accused Ramaphosa of 'inventing new powers' not grounded in law, calling the president's interpretation of the Constitution 'indecipherable gobbledygook'.
Ramaphosa, in his response, argued that his power to appoint and dismiss ministers include the discretion to place them on special leave, especially under circumstances that require an impartial investigation.
'This is not a punitive measure,' the president said. 'It is an interim step to preserve the integrity of the inquiry.'
He said the Constitution vests in him the discretion to manage the cabinet and to act in the public interest when questions of credibility arise.
Addressing concerns about Cachalia's appointment, Ramaphosa said he had followed a formal process. He said Cachalia was first to be appointed as a minister and then assigned the police portfolio on an acting basis.
Hlophe dismissed this as a legal 'contrivance' and accused the president of manipulating constitutional provisions to serve political ends.
He said the inquiry chaired by the acting deputy chief justice,
Ramaphosa said the allegations made by Mkhwanazi were serious and required a process that would not be clouded by political interference or public suspicion.
According to Mkhwanazi, the disbandment of the police's political killings task team was linked to efforts by criminal syndicates to capture the state's security architecture, a claim Mchunu has strongly denied.
In his affidavit, Mchunu said Mkhwanazi's allegations were both 'unsubstantiated' and misinformed. He said he had instructed national police commissioner Fannie Masemola to disband the unit based on operational assessments, not political motives.
Mchunu also criticised the timing of Mkhwanazi's public statements, arguing that the KwaZulu-Natal police commissioner did not inform him of his intentions to make allegations.
'He did not afford me any right to comment on the nature and basis of his intended 'revelations' before he made them. I was taken by complete surprise on 6 July 2025, when I learnt that Lieutenant General Mkhwanazi had called a press conference at short notice in order to level serious allegations against me,' Mchunu said.
'What is even more unfortunate is that the allegations he made against me relate to events which on his own version occurred several months ago, in particular, my decision in relation to the disbandment of the political killings task team.
'General Mkhwanazi had ample time to liaise with me and afford me a right to respond to any concerns that he may have had before he went into the public domain and made his extravagant and misinformed allegations.'
Mchunu further stated that he had informed Ramaphosa of his willingness to cooperate with the inquiry, and denied that the ANC's
The Madlanga commission has been tasked with investigating the infiltration of law enforcement and intelligence agencies by criminal syndicates. Its terms of reference include the South African Police Service, metropolitan police departments, the State Security Agency, the NPA and parts of the judiciary.
The commission has the power to summon witnesses, compel documents and, in limited cases, conduct search-and-seizure operations.
According to a government gazette last week, the commission may also recommend prosecutions, internal disciplinary steps and systemic reforms. Interim reports are expected within three and six months, with a final report to be submitted to the speaker of the National Assembly, Thoko Didiza, and Chief Justice Mandisa Maya.